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  • FIRST POST
    • Kathiravans7
    • By Kathiravans7 19th Apr 16, 3:42 PM
    • 7Posts
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    Kathiravans7
    Deposit Not Returned
    • #1
    • 19th Apr 16, 3:42 PM
    Deposit Not Returned 19th Apr 16 at 3:42 PM
    This issue is related to the tenancy of (text removed by MSE Forum Team) which is owned by Max Estates Limited. I moved into the property on 23 June 2015 and I moved out on 23 December 2015. I signed License to occupy document. The flat is not shared with anyone and it was provided for exclusive usage only. The deposit which I paid was £1089.1 and this amount is not yet returned.

    I decided to move out and I gave one month’s notice to Faye Pattenden who is the property administrator in Max Estates Ltd. I received an email from her that I would get my deposit back 14 days after moving out.

    The payment was not made to me at the end of 14 days. I kept calling and emailing various members of the Landlord’s staff. I have continued to call and email Max Estates Limited but I have had no reply and I have not been told why my deposit has not been refunded.

    In connection to this I contacted Shelter who sent the ‘Letter before claim’ to Max Estates Ltd for which also I never got a response.

    Please advise me in recovering my security deposit quickly. I am advised by Shelter that I have to raise small claims in the court but not sure how much time this would really take. There is also court fees which I need to pay. Above all even if I get the court order in my favour, will the Max Estates Ltd pay me.

    Is there any other way out ??
    Last edited by MSE ForumTeam5; 20-04-2016 at 8:37 AM. Reason: Personal details
Page 1
    • MrJB
    • By MrJB 19th Apr 16, 3:43 PM
    • 287 Posts
    • 198 Thanks
    MrJB
    • #2
    • 19th Apr 16, 3:43 PM
    • #2
    • 19th Apr 16, 3:43 PM
    Court may (and sounds likely) be your only option - was the deposit not protected in a registered scheme? If it is then you can apply to the scheme for arbitration - if not you can seek up to 3x the value of the deposit, although this is a more costly money claim track.
    Last edited by MSE ForumTeam5; 20-04-2016 at 8:37 AM.
    • Bluebirdman of Alcathays
    • By Bluebirdman of Alcathays 19th Apr 16, 3:44 PM
    • 2,697 Posts
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    Bluebirdman of Alcathays
    • #3
    • 19th Apr 16, 3:44 PM
    • #3
    • 19th Apr 16, 3:44 PM
    Shelter have advised you correctly - I suggest you follow their suggested course of action.
    • MrJB
    • By MrJB 19th Apr 16, 3:49 PM
    • 287 Posts
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    MrJB
    • #4
    • 19th Apr 16, 3:49 PM
    • #4
    • 19th Apr 16, 3:49 PM
    As an aside I've just carried out a background check against the company you refer to and it shows it as being a dormant company and has a debt to capital of -110k. It maybe more good money on bad. The company do not appear to have any assets in their latest accounts whilst they may have been the "landlords" on your tenancy agreement, it doesn't appear as they own the property you refer to.
    • theartfullodger
    • By theartfullodger 19th Apr 16, 3:55 PM
    • 8,349 Posts
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    theartfullodger
    • #5
    • 19th Apr 16, 3:55 PM
    • #5
    • 19th Apr 16, 3:55 PM
    Shelter have advised you correctly - I suggest you follow their suggested course of action.
    Originally posted by Bluebirdman of Alcathays
    Agree, 100%.

    And court action is described here..
    https://www.citizensadvice.org.uk/law-and-rights/legal-system/taking-legal-action/small-claims/

    However the agency you mention may not be the owners, perhaps just the agent. Check who is named as the landlord, please.

    No 163 is owned by someone else (I just checked, for £3, with land registry). It has a mortgage with a Swedish bank and some covenants from Eton college (!) ..
    • AdrianC
    • By AdrianC 19th Apr 16, 4:26 PM
    • 12,091 Posts
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    AdrianC
    • #6
    • 19th Apr 16, 4:26 PM
    • #6
    • 19th Apr 16, 4:26 PM
    It has ... some covenants from Eton college (!) ..
    Originally posted by theartfullodger
    No great surprise, given the location.
    • Kathiravans7
    • By Kathiravans7 19th Apr 16, 5:31 PM
    • 7 Posts
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    Kathiravans7
    • #7
    • 19th Apr 16, 5:31 PM
    • #7
    • 19th Apr 16, 5:31 PM
    Thanks for all your replies. Max Estates Limited is the landlord and the director name is (text removed by MSE Forum Team). Parallel House Serviced Apartments is the name of the apartment.

    My worst worry is even if I go to court and get a judgement to pay me back my security deposit, what would be my chances that the landlord would actually make the payment to me. Now I have already lost my deposit, I will need to again pay the court fees.

    I am also aware they have done this for many people like me.

    I signed License to Occupy document and the property administrator said that they are not legally bound to protect my deposit. Though Shelter while sending the Letter before Action challenged this, there was no response from them on that also.

    I am new to UK and doesn't know clearly the laws here. Is it so easy for landlord to cheat the tenants in UK with security deposit?

    Is there anything I can do without the painful court action. Could someone advise me please.
    Last edited by MSE ForumTeam5; 20-04-2016 at 8:38 AM. Reason: Personal details
    • HappyMJ
    • By HappyMJ 19th Apr 16, 5:41 PM
    • 20,607 Posts
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    HappyMJ
    • #8
    • 19th Apr 16, 5:41 PM
    • #8
    • 19th Apr 16, 5:41 PM
    Serviced apartments?

    Did the landlord enter the property every day and vacuum the floors? Did they clean the bathroom for you every day? Did they make and change the bed for you? I'm just asking as serviced apartments sounds like another word for hotel that you stayed at for a long time.

    Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money.
    • AdrianC
    • By AdrianC 19th Apr 16, 5:41 PM
    • 12,091 Posts
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    AdrianC
    • #9
    • 19th Apr 16, 5:41 PM
    • #9
    • 19th Apr 16, 5:41 PM
    Is there anything I can do without the painful court action.
    Originally posted by Kathiravans7
    You can say "Please can I have my deposit back?" to them. Beyond that - no, not really.
    • MrJB
    • By MrJB 19th Apr 16, 5:50 PM
    • 287 Posts
    • 198 Thanks
    MrJB
    Kathiravans - I would suggest doing some research on the company in question and the director you refer to. But simple facts are: - the company you refer to is effectively worthless. The director who's name you mention has 59 open directorships, 63 retired and 20 closed. Many of the active companies have gazette notices as well as recent adverse credit reports - all academic as he will not be personally liable anyway.
    • Kathiravans7
    • By Kathiravans7 20th Apr 16, 9:39 AM
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    Kathiravans7
    No, it is named as serviced apartments but the flat provided was for exclusive usage of the tenants.
    • Kathiravans7
    • By Kathiravans7 20th Apr 16, 9:44 AM
    • 7 Posts
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    Kathiravans7
    Kathiravans - I would suggest doing some research on the company in question and the director you refer to. But simple facts are: - the company you refer to is effectively worthless. The director who's name you mention has 59 open directorships, 63 retired and 20 closed. Many of the active companies have gazette notices as well as recent adverse credit reports - all academic as he will not be personally liable anyway.
    Originally posted by MrJB
    Hi, Does this mean if I go to court and win the case to get my security deposit back, is there any chance that I will get the money back, since the director has already a bad history. Please advise what the bad history of the company and the director actually means to me.
    • theartfullodger
    • By theartfullodger 20th Apr 16, 9:47 AM
    • 8,349 Posts
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    theartfullodger
    As paperwork said "license to occupy" and "serviced apartments" they are claiming these are not ASTs.

    Can you tell us a little more about what "service" the apartment got?? e.g. cleaning, change of linen, meals?? If pretty much nothing then you probably actually had a AST and could sue for up to 3xdeposit, plus return of deposit.

    If you have all the paperwork & time try Shelter Slough...
    http://england.shelter.org.uk/get_advice/advice_services_directory/slough
    Last edited by theartfullodger; 20-04-2016 at 9:52 AM.
    • Kathiravans7
    • By Kathiravans7 20th Apr 16, 10:15 AM
    • 7 Posts
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    Kathiravans7
    Hi All,

    I am planning to proceed for court action. As per my research I understand I need to follow below steps. Could someone please validate if these steps are correct and clarify my doubts on these steps please.

    Step1:

    I will visit below website

    gov.uk / make-court-claim-for-money/overview

    In this case, my claim would be for deposit amount which is not yet returned. This is £1089.1. Hence the online money claim fees would be £70. Is that correct?

    So the total claim would be £1089.1 + around £20 interest + £70 as court fees which comes as £1179.1. Please note this cheating by the landlord has caused me severe stress and depression. Please inform if I can claim any cost towards this mental agony I am undergoing. What is the guideline for this?

    After your advice, I’ll submit the claim.

    Step2:

    After I make this court claim, then the court sends my claim to my Defendant. In my case With the past experience of ignoring letter, I am sure the defendant will not respond for this also. The court provides 14 days to reply.

    Step3:

    In the scenario where the defendant doesn’t respond after 14 days I will ask the court to order the defendant. Is there any separate fee for asking the court to order the defendant? What is the fees and where it is mentioned please?

    Step4:

    The court will call for hearing which anyways my defendant will not respond. Here how many days the court will provide for the defendant to respond?

    Step5:

    In case where my defendant doesn't respond, I need to ask the court to enforce the order which is called as Bailiff (Am I correct?). It seems here I need to pay again a court fees. Please inform how much would be the fees? Please also mention the website link where this fees is mentioned.

    Step6:

    Hope then the enforcement decision would be sent to Bailiff team. How many days Bailiff team would take to recover my money and pay me back? In my case I will request the court to freeze my defendant's Barclays bank account to which I paid my security deposit and the rent. Is that fine? Will the bailiff team would freeze the defendant's bank account and take the money from the account and give to me. Is it possible?
    • Kathiravans7
    • By Kathiravans7 20th Apr 16, 10:18 AM
    • 7 Posts
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    Kathiravans7
    [QUOTE=theartfullodger;70536559]As paperwork said "license to occupy" and "serviced apartments" they are claiming these are not ASTs.

    Can you tell us a little more about what "service" the apartment got?? e.g. cleaning, change of linen, meals?? If pretty much nothing then you probably actually had a AST and could sue for up to 3xdeposit, plus return of deposit.

    If you have all the paperwork & time try Shelter Slough...

    There was no service performed. The flat was provided was exclusive usage and the landlord doesn't enter and provide any service.

    I already contacted Shelter who sent the Letter before claim for which the landlord didn't react. Shelter further advised me to go to court on my own.
    • AdrianC
    • By AdrianC 20th Apr 16, 10:32 AM
    • 12,091 Posts
    • 10,474 Thanks
    AdrianC
    A quick google on the property (now redacted for obvious reasons) finds that it's being marketed much more as a hotel alternative than as a residential-tenancy alternative. While this isn't legally conclusive, obviously, it certainly points away from it being an AST towards a licence.
    • j.sun94
    • By j.sun94 7th Aug 16, 7:12 PM
    • 1 Posts
    • 0 Thanks
    j.sun94
    Did you end up getting your deposit back? Because Me and couple of other friend of mine are currently facing the exact same situation in other properties that are owned Max estate ltd.
    • RAO2016
    • By RAO2016 14th Oct 16, 1:26 AM
    • 1 Posts
    • 0 Thanks
    RAO2016
    I too facing the same problem with , 60 st faith lane. Norwich Apartement.

    I have vacated the house 3 months back still the deposit not returend. No response.

    (Text removed by MSE Forum Team)

    Some days they given response saying , we are working on it. then no response from last 1 month.

    They knowingly not responding,It looks Max estates fraud company....

    Could you please help on this.
    Last edited by MSE ForumTeam5; 14-10-2016 at 1:13 PM. Reason: Personal details
    • DmitriyDer
    • By DmitriyDer 18th Oct 16, 2:30 PM
    • 2 Posts
    • 0 Thanks
    DmitriyDer
    Hello, we have faced the same problem.

    Did you manage somehow to get your money back?
    • baldelectrician
    • By baldelectrician 18th Oct 16, 5:03 PM
    • 2,022 Posts
    • 1,231 Thanks
    baldelectrician
    If you go through the hassle and cost to get a court decree then you may be wasting money.


    I know that in Scotland once a court order has been done a claimant can go to the court for a 'rent arrestment order' which is served on a tenant in a rental property- this makes it an offence for the tenant to pass the rent to the agent / landlord until the court decree is settled.


    I don't know if the English Courts have something similar
    baldly going on...
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